How can I file for divorce with children if my husband is not the baby’s father?

I am trying to get a divorce but I have a baby that is not my husband’s. The father is unknown for sure but certainly not my husband. He is willing to do a paternity test to proove that. Will we need to file a divorce with children and attach a paternity test results and put that the father is unknown?

Asked on July 20, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are going to have to include a paternity suit with your divorce.  Depending on how long your husband has known that the child is not his, the court's may or may not let him be denied paternity.  Often, the court's want the real dad on board before they terminate the rights to a presumed father... because Texas has a public policy against the bastardization of child... which would be the effect of terminating your husband's rights without adjudicating a different father.  This can be a sticky situation.  Even if you cannot afford full representation, considering getting a consultation with an attorney or attending a legal clinic in your area to help you determine whether or not your local judges will excuse your husbnd from being declared the father of your child.


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